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Scottish Law Commission concerned by lack of action on proposals

3 March 2009

Lord Drummond Young, chairman of the Scottish Law Commission, has taken issue with the Scottish Government for its consistent failure since devolution to implement the Commission's proposals for law reform.

In his introduction to the SLC’s annual report for 2008, Lord Drummond Young comments: "It is a matter of some concern that the number of Commission reports that remain unimplemented has risen significantly since devolution. 

"Many of these reports result from ministerial references, and in nearly all cases the report has not received any official reaction."

The judge said that failure to implement the recommended reforms would result in Scots law falling behind the rest of the world.

"The rate of implementation of Scottish Law Commission reports now compares unfavourably with other jurisdictions of similar size such as New Zealand and the larger Australian states.

"The work of law reform bodies is particularly important in such jurisdictions because the opportunities to develop the law through court decisions are not as numerous as in larger jurisdictions. The danger is that Scots law will fall behind the rest of the world's legal systems in responding to the challenges of an era marked by rapid technological and economic change."

To download the Scottish Law Commission's annual report for 2008, click here

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Thursday March 12, 2009, 05:07

I feel that Scottish law is very much outdated especially in domestic violence and contact orders. My daughter left her ex-partner who is abusive. They are both English and have resided in Scotland for two years. My granddaughter is 4 yrs old and born in England, yet under both jurisdictions mothers have automatic right, so why is it that my daughter's ex-partner was allowed to ignore a court order to return the children to my daughter and my daughter had to return to Scotland to fight to get her children back after he forcefully snatched them from England? They never married by the way. Also she and myself have been threatened on Scottish soil, she has had her flat trashed and now he broke a Scottish contact order by not returning the children after a weekend visit... Had they not been related he would have been arrested for abduction. Laws have been broken so it's not just a civil matter. Should anything happen to my daughter I shall take it a lot further.